Additional Requirements For "Intent to Use" Applications



	Basic Facts About Trademarks

ADDITIONAL REQUIREMENTS FOR "INTENT TO USE"APPLICATIONS

Before the USPTO will register a mark that is based upon a bona fide intention to use the mark in commerce, the owner must:

use the mark in commerce; and
file an Allegation of Use.

What is an Allegation of Use?
An Allegation of Use is a sworn statement signed by the applicant or a person authorized to sign on behalf of the applicant (see signature) attesting to use of the mark in commerce. With the Allegation of Use, the owner must submit:

a filing fee of $100 per class of goods/services; and
one specimen showing use of the mark in commerce for each class of goods/services.

A form for filing the allegation of use is available at http://www.uspto.gov/teas/eTEASforms.htm.

When do I file an Allegation of Use?
You may file the Allegation of Use only

on or before the day the examining attorney approves the mark for publication in the Official Gazette (an Allegation of Use filed before the mark is approved for publication is called an Amendment to Allege Use); or
on or after the day the USPTO issues the Notice of Allowance (an Allegation of Use filed after the Notice of Allowance is issued is called a Statement of Use).

The Amendment to Allege Use and the Statement of Use include the same information, and differ only as to the time when it is filed. If you file an Allegation of Use between the period after the mark is approved for publication but before the Notice of Allowance is issued, the USPTO will return it.

Is there a deadline for filing the Statement of Use after the Notice of Allowance issues?

Yes. Once the USPTO issues the Notice of Allowance, you have six (6) months to file the Statement of Use. The six-month period runs from the date the USPTO issues the Notice of Allowance, not the date you receive it. If you have not used the mark in commerce, you must file a Request for an Extension of Time to File a Statement of Use (Extension Request) before the end of the six-month period, or the application will be declared "abandoned."

What is a Request for an Extension of Time to file a Statement of Use?

An Extension Request is a sworn statement signed by the owner or a person authorized to sign on behalf of the owner (see signature), stating that the applicant still has a bona fide intention to use the mark in commerce, and needs additional time to use the mark in commerce. A filing fee of $150 per class of goods/services must accompany the Extension Request. The form for filing the Extension Request is available at http://www.uspto.gov/teas/eTEASforms.htm.

The Extension Request, if granted, gives the owner an additional six (6) months to either:

use the mark in commerce and file a Statement of Use; or
file another Extension Request.

You may continue to file Extension Requests every six (6) months. However, you must use the mark and file a Statement of Use within three (3) years of the date the Notice of Allowance issues. The USPTO will not register a mark if, after thirty-six (36) months of the mailing date of the Notice of Allowance, no Statement of Use has been filed.

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